Employee and Employer Contribution Divisions
When splitting a 401(k), you must distinguish between what the employee contributed and what the employer matched or added. In most divorces, the division is based on the “marital portion”—the amount accumulated during the marriage. This may be 50/50 or another percentage, depending on your agreement or a court order.
With employer contributions, it’s also important to check the vesting schedule. If some or all of the employer funds are unvested at the time of divorce, that money may be excluded from division unless specific language in your QDRO accounts for it.

